Tenancy Transfer issue

[lisbon1967]

Hi,

 

I have a query regarding whether my landlord has followed proper procedure in relation to a tenancy transfer.

 

I moved in to a 3-bedroom shared flat with two others on 13th March '15. Prior to this, one of the flat mates with whom I am now sharing with had lived at the property with three of her friends. For various reasons, the three friends moved on however my current flatmate wanted to remain in the property. As I understand it, the original contract for her and her three friends started on 26th April 2014 and was due to finish on 26th April 2015. The landlord allowed for her to advertise the two spare rooms to find new tenants. This lead to myself and the other new flatmate moving in.

 

My move in to the flat was called a 'tenancy transfer'. I took over the room previously occupied by two (a couple) of the former tenants. As part of this arrangement, I paid the former tenants their deposit back and the deposit certificate was amended to my name. The landlord provided me with an assured tenancy agreement for a term of three years, starting on 13th March. There was no formal check-out procedure for the previous tenants and no inspection of the flat. Fortunately, the flat was in good condition so I was ok about paying them their deposit back.

 

Unfortunately, the dynamic between myself and my two new flatmates is poor. I now intend to use the same tenancy transfer arrangement to get someone to take my place. I noted that the landlords own guidance on this process states that transfers can't take place in the first and last three months of the tenancy.

 

This made me think about the process for when I transferred in. It appears I transferred in to the property in the last three months of the previous tenants' contract.

 

At the time, the landlord said that they were treating my entry in to the property as 'effectively' a transfer. I was a bit confused at the time because they also provided a new tenancy agreement for the three-year period. I'm pretty sure the original contact for the original tenants was for one year, which would mean that a transfer in March would not be possible, due to it being in the last three months. If their original contract had a tenancy period of longer than one year, surely the contract they provided to me should have been for the remaining time of their original contract.

 

The landlord added a statement to the contract that I signed (perhaps stupidly) that the contract was a renewal of the contract originally signed by the previous tenants on 26th April 2014.

 

There's something that doesn't seem quite right about all of this. I'm concerned that it might take me a while to find someone to take my place in the flat and as it's not a great place to be at this time, it would be good if I had a get out.

 

I would be grateful if someone can advise on whether my transfer in to the property was by the proper means and if not, does this make the contract void.

 

Thanks for reading.

[mariner51]

Did all 3 of you sign a single AST for whole flat as joint & severally liable Ts, or did you alone sign an AST for your room only + communal areas?

Assignments of Tenancy such as you describe are not unusual, but the bad news is you say you signed an AST for 3 yr fixed term.

I cannot see an easy 'out', other than to explain situation to LL and offer early surrender. He can dictate conditions for his agreement up to 3 yrs rent, more likely rent until you find an acceptable (to LL & pref other Ts) replacement and they move in. Not ideal, but best offer you are likely to get IMO. Or you could try to build brdges with female and stay.

[lisbon1967]

We all signed the tenancy agreement as joint and severally liable. There's a six month break clause but the three of us would have to sign it. The way the tenancy transfer happened for me seems a bit dodgy.

[mariner51]

It may not have been the best solution but that is now irrelevant havng now all signed a new AST. Activating the break clause would end the T for all 3, so your best option remains ind offer of surrender on LL terms. You don't have to stay, just pay rent etc until suitable replacement moves in.

Best advice, only move in with friends, etc who you know you can live with for duration of term.

LLs don't supply hotel rooms but min 6 month accom.

[lisbon1967]

I'm well aware it's not a hotel room I'm renting, otherwise I wouldn't be asking for advice, but thanks for your reply. Having moved to a city where I don't know anyone, I was unable to move in with friends. I am pursuing the tenancy transfer option for myself at the moment.

 

Can any other readers of this forum offer an opinion on whether the way in which my transfer in to the property was managed correctly? I have a suspicion that when landlords start using words like 'effectively' that something isn't right.

[Steve__M]

It seems from what you say that the previous contract was ended by mutual agreement between the original set of tenants, and a new one begun with you and the remaining people. So there was no "tenancy transfer".

 

I think that what the landlord meant was "It is possible to do a tenancy transfer within an existing contract. But since this contract is almost up, it is easier to create a new contract."

 

From point of view of the landlord, he had some work to "transfer" the deposit, but I think this transfer is separate from the contractual arrangement.

 

Whatever the procedure was called, you have a new contract and I don't see how you can rely on the old contract as you were not party to it.

 

The three month rule is presumably there to avoid to much tooing and froing of different tenants. It may be that it would be relaxed. However, you might find it hard to find someone to take over a 3 year contract when you have only survived a month.